Van Den Bliek v. State

The defendant appeals the trial court’s denial of his motion to vacate judgments of conviction for two escapes from the Osceola County Jail. This court, in State v. Benjamin, Fla.App.1972, 267 So.2d 348, cert. dismissed Fla. 1972, 270 So.2d 20, agreed with the decision in Brochu v. State, Fla.App.1972, 258 So.2d 286, which held that in accordance with the law in effect at the time of the escape it was essential that the person so charged was a prisoner who had been “convicted and sentenced”; it was not sufficient to show that at the time of his escape defendant was merely “charged” with the…